Towe v. Director Nevada Department of Corrections et al

Filing 55

ORDER Granting 50 Motion to Reopen Case. The stay is lifted by this order. An Answer to 25 Amended Petition for Writ of Habeas Corpus is due within 45 days. Petitioner shall have 45 days following service of the answer to file and serve a reply brief. Signed by Judge Kent J. Dawson on 1/15/2015. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MICHAEL LEE TOWE,
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Petitioner,

Case No. 2:07-cv-00652-KJD-PAL

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vs.

ORDER

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DIRECTOR, N.D.O.C., et al.,
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Respondents.
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This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by a
Nevada state prisoner represented by counsel.
On February 11, 2010, this Court ruled that the first amended petition was a mixed petition,

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as Grounds 1, 2(A), 2(C), and 4 were unexhausted, but the remaining grounds were exhausted.

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(ECF No. 41). The Court gave petitioner the option of abandoning his unexhausted claims and

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proceeding on his exhausted claims, or in the alternative, to seek a stay under Rhines v. Weber, 544

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U.S. 269 (2005). Petitioner moved for the issuance of stay and abeyance order under Rhines v.

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Weber. (ECF No. 44). By order filed June 9, 2010, this Court granted petitioner’s motion for a stay

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and this case was administratively closed. (ECF No. 49).

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Petitioner’s further state-court proceedings having concluded, petitioner has now returned to

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this Court seeking to reopen this case. (ECF No. 50). Petitioner has filed supplemental exhibits in

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support of the motion to reopen the case and in support of his first amended petition. (ECF No. 51).

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Petitioner asks that the supplemental exhibits be linked to his first amended petition at ECF No. 25,

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as petitioner apparently wishes to proceed on the amended petition already on file with the Court.

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Good cause appearing, this action is reopened and the Court now sets a further briefing schedule for

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this action.

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IT IS THEREFORE ORDERED that petitioner’s motion to reopen this action (ECF No.
50) is GRANTED.
IT IS FURTHER ORDERED that, as the stay is lifted by this order, the Clerk shall
REOPEN THE FILE in this action.
IT IS FURTHER ORDERED that the supplemental exhibits filed at ECF No. 51, are

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ACCEPTED as supplemental exhibits to the first amended petition (ECF No. 25). The Clerk of

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Court SHALL LINK the supplemental exhibits (ECF No. 51) to the first amended petition (ECF

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No. 25) on the CM/ECF docket in this action.

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IT IS FURTHER ORDERED that respondents shall have forty-five (45) days following

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the date of entry of this order within which to answer, or otherwise respond to, the first amended

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petition (ECF No. 25).

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IT IS FURTHER ORDERED that petitioner shall have forty-five (45) days following

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service of the answer to FILE AND SERVE a reply brief. If a dispositive motion is filed in

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response to the first amended petition, the parties shall brief the motion in accordance with Local

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Rule 7-2.

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IT IS FURTHER ORDERED that the parties SHALL SEND courtesy (paper) copies of

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any further exhibits filed in this action to the Reno Division of this Court. Courtesy copies shall be

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mailed to the Clerk of Court, 400 S. Virginia St., Reno, NV, 89501, and directed to the attention of

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“Staff Attorney” on the outside of the mailing address label.

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DATED: January 15, 2015
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UNITED STATES DISTRICT JUDGE

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